HomeMy WebLinkAboutROI NO 1716RESOLUTION OF INTENTION NO. 1716
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 3 -84 (5101 WOODMERE DRIVE), TO THE
CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY
ADOPTING, CONFIRMING AND APPROVING THE PUBLIC
WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE
ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE
AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH
PARCEL. (WARD 6)
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for a procedure by which the City Council may provide for
the payment of the whole or any part of the costs and expenses of maintaining
and operating any public improvements which are local in nature, from annual
benefit assessments apportioned among the lots or parcels of property within the
established Consolidated Maintenance District ( "CMD "). The assessments to be
placed on parcels within this district area reflect that portion of the cost of
maintenance of a public park and public street landscaping ( "special benefit ")
above and beyond the basic cost of maintenance of a public park and public
street landscaping throughout the City ( "general benefit ");
WHEREAS, as set forth in the attached Public Works Director's Report
(Exhibit 1), the property within this new district reflects that portion of the cost of
maintenance of a public street landscaping and /or public park, based on the
location of said improvements in or near said area, above and beyond the
general benefit of parcels within the City that are not part of the CMD. Each
parcel within this area will be assessed its proportionate share of special benefit
based on the zoning, usage, and size of the parcel;
WHEREAS, the property owner has requested the City Council to include
the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal
Code of the City of Bakersfield, and the Public Works Director recommends
addition of territory to the CMD;
WHEREAS, it is the intention of the City Council of the City of Bakersfield to
add territory, Area 3 -84 to the CMD, said area is generally described in Exhibit "B"
attached hereto, to maintain local improvements including a public park and
public street landscaping;
WHEREAS, the Public Works Director has on this date filed with the Clerk of
said Council his report, attached hereto and incorporated herein by reference as
Exhibit 1," containing the following:
a) A description of the boundary of the additional territory, attacheI�Na,
hereto as Exhibit "A ";
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b) A map and assessment diagram of the additional territory,
attached hereto as Exhibit "B ";
c) The benefit formula attached hereto as Exhibit "C'
d) A budget, attached hereto as Exhibit "D," containing the matters
specified in Section 13.04.130 of the Bakersfield Municipal Code;
e) The amount of assessment to be levied against each parcel,
attached hereto as Exhibit "E'
f) Correspondence from the property owner(s) requesting inclusion
within the CMD attached hereto as Exhibit "F";
WHEREAS, the City of Bakersfield has received a letter from the owner(s)
of the property described in Exhibit "B," which waives any and all hearings
(whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other
law) concerning the formation of and assessments for inclusion in the
Consolidated Maintenance District; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated
herein.
2. The City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the
boundaries so specified and described is the area, benefiting from
said local improvements; that the expense of maintaining and
operating said improvements is hereby made assessable upon said
area; and that the exterior boundaries thereof are hereby specified
and described to be as shown on that certain map marked Exhibit
"B," entitled "Map and Assessment Diagram for Addition of Territory, to
the Consolidated Maintenance District, Bakersfield, California," which
map indicates by a boundary line the extent of the territory to be
added to the Consolidated Maintenance District and shall govern for
all details as to the extent of the addition.
3. Each parcel identified in Exhibit "E" is included in the Street
Landscape and Park Zones of benefit and is assessed an amount not
to exceed the amount established in Resolution No. 019 -05 per
equivalent dwelling unit per year. In each subsequent year, annual
assessments may increase by the cost of living reflected in the Los
Angeles- Riverside - Orange County /All Urban Consumers Consumdr`N ,
Price Index. n
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I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof
held on JUN 2 7 2012 , by the following vote:
AYE ' COUNCILMEMBER SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON
NOES: COUNCILMEMBER nou-
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: JUN 2 7 2012
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City AttorAe
LE
ANDREW HEGLUND
Deputy City Attorney
Attachments: Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "F"
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,�iG OAL
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 3 -84
Fiscal Year 2011 -2012
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
generally described as 5101 Woodmere Drive and as specifically shown on Map and
Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by
reference as though fully set forth, as an area within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director
makes and files this report and proposed assessment of and upon all parcels of property
within the area for the cost of maintaining a public park and public street medians and other
public street landscaping. The improvements generally include, but are not limited to,
recreation and sports equipment including swings, slides, play structures and storage
buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains
and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical
wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and
sidewalks and walkways now existing or hereafter to be constructed or planted in and for
said area and are of a public nature. The assessment includes the cost of necessary repairs,
replacement, water, electricity, care, supervision and any and all other items necessary for
the proper maintenance and operation thereof, and all additions and improvements
thereto which may hereafter be made.
For many years, public parks, public streets median and other public street landscaping
improvements in the City were maintained through traditional tax revenues. After Proposition
13, in 1978, funds available for maintenance and operation of parks, street median and
other street landscaping improvements were substantially reduced. At present, the City's
budget does not allow for maintenance and operation of park and street landscaping
improvements of the type described above. Thus, without funds for maintenance and
operating costs from a source other than general tax revenues, the City does not permit new
public parks, street median and other street landscaping improvements to be constructed
within the City.
Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance
District for the maintenance of a park and public street median and other street
landscaping. The area will be assigned appropriate park and street tiers in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other parcels
receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed that established in
Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per
parcel. In each subsequent year, annual assessments may increase by the cost of living
reflected in the Los Angeles- Riverside - Orange County /All Urban Consumprs,Consumer Price
S: \PROJECTS \MAINDIST \Formation Documents \MD 3 -84 \PW DIRECTOR'S REPORT.docx EXHIBIT "1"
Index. However, parcels will not be assessed until park and /or street landscaping have been
installed. When park and /or street landscape improvements have been completed, the
appropriate park and street tier levels will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019 -05 as escalated per the above
described Consumer Price Index.
All parcels as described in the Benefit Formula on file with the City Clerk within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment,
A public park will benefit all the residential lots and public median and street landscaping
will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis
throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached
hereto and incorporated in this resolution as though fully set forth herein.
NOW THEREFORE, I, RAUL M. ROJAS, Director of Public Works of the City of
Bakersfield, by virtue of the power vested in me and the order of the Council of said City,
hereby submit the Fiscal Year 2011 -2012 Budget and Assessment Roll as set forth in Exhibit "D"
and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set
forth, upon all parcels of property within additional territory subject to be assessed to pay the
cost of maintenance and operation in said area.
Dated: ll
RAUL M. ROJAS
Director of Public Works
City of Bakersfield
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S: \PROJECTS \MAINDIST \Formaflon Documents \MD 3 -84 \PW DIRECTOR'S REPORT.docx EXHIBIT Ifs 11
LEGAL DESCRIPTION
Area 3 -84
An area located in Section 22, Township 30, Range 27 M.D.B. & M., more
particularly described as follows:
Site Plan Review 11 - 00006898
5101 WOODMERE DRIVE Bakersfield California
Containing: 0.56 Acres, more or less.
EXHIBIT "A"
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 3 -84) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
NOT TO SCALE
EXHIBIT "B"
Ri.0 MD3 -84 SHEET t of 1
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined
below:
Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated
Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as
approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be
increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange
County / All Urban Consumers Consumer Price Index," Tier levels for both Parks and Street
Landscaping in the 5 zones of the Consolidated Maintenance District are established by the
Recreation and Parks Department through separate policy.
Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined on
page 2 of this exhibit) for the parcel.
Multiplied by (Tier): The factor for the tier level, which equals the street or tier number.
This tier is assigned by the Recreation and Parks Department for
the entire area of the Consolidated Maintenance District.
County Fee(Tier): The County of Kern Assessors Office charges a fee for each
parcel added to their tax roll.
Total Assessment $= ((Park Rate x Park Tier) x MUD + ((Street Rate x Street Tier) x EDU) + (County Fee)
Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to
Proposition 218 have been frozen at their current rate,
Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated
on their Proposition 218 ballot,
On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the
maximum assessment. Any areas formed after Proposition 218 and which have ballots which include
this escalator may be increased according to their ballot terms.
at r:
f'
EXHIBIT "C"
A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the
below conditions occurs:
1. Bakersfield Municipal code 13.04,021:
"It is the policy of the city to include within a maintenance district all new developments that
are subject to the Subdivision Map Act and that benefit from landscaping in the public right -
of -way and /or public parks, Nothing shall preclude the city from requesting formation of a
maintenance district, or joining a maintenance district, as a condition of a zone change, or
general plan amendment, or conditional use permit, or during site plan review where deemed
necessary by the city."
2. Bakersfield Municipal Code 13.04.022 (A):
"No final map or certificate of compliance for a parcel map waiver may be recorded absent
establishment of a maintenance district to provide for all future maintenance of any
landscaping in the public right -of -way and of any public park required as a condition of
approval of the development project for the area covered by the final map or parcel map
waiver."
3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a
General Plan Amendment, or a Conditional Use Permit.
Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be
adjusted given special conditions or agreements as necessary to adequately reflect the conditions
of the site at the time of formation. Developed Parcels will be assessed by their actual units on their
site as per their plans, map, or current use.
Single Family Residential Parcels:
1 EDU per Parcel
Mobile Home Parks:
1 EDU per Space / Lot
Multifamily Residential Parcels:
.71 EDU per Unit
(Commercial / Industrial / Mixed Use):
6 EDU per Acre
Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max
theoretical density as used by the City of Bakersfield Planning Dept. Those densities are:
Zone EDU's per gross acre
R -1
4
R -2
17.42 max,
R -3
34,85 max.
R -4
72.6 max.
E
4.36
R -S
1.82
R -S -1 A
1
R- S -2.5A
0.4
R -S -5A
0.2
R -S -1 OA
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
n
EXHIBIT "C"
MAINTENANCE DISTRICT AREA 3 -84
Said assessment is made in accordance with the benefit formula attached hereto.
2011 -2012
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance(Deficit) ** $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.
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EXHIBIT "D"
Assessor's Tax No.
499 - 072 -09 -008
Total
Date:
MAINTENANCE DISTRICT AREA 3 -84
ASSESSMENT ROLL
FISCAL YEAR 2011 -2012
Total amount to
be collected for
FY (2011-2012)
$0.00
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
'.l
EXHIBIT "E" 6-
ERNIE
CONCRETE, INC.
5108 Woodmem DNve
CA License Tel (661) 8374085
ftlmsfleld, CA 83313 -2772
602026 Fax (661) 837 -4098
www.emconcr*Wnc.com
Class A, 8, & C-$
May 1, 2012
City of Bakersfield - Public Works Department
Att: Marian P. Shaw
Ba]oers5eld, California 93301
Dear Mrs. Shaw:
RE: Inclusion of Site Plan Review 11400006898 in consolidated Maintenance District (CMD).
We, the undersigned, as owners of the property included within Site Plan Review.
No. 11- 00006898 hereby request that the property be included within the CHID. This request is in
accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is
a check for $1816.20 as required by the City to cover costs of this inclusion into the CMD. If
requested, our engineer will supply you with a computer disk dopy of the map for your use.
We understand that under Proposition 218 and Government Code section 53753 (applicable law),
A City Council hearing will be held for purposes of including the above property within the
CMD and determining the amount of assessments. We hereby waive our right to have a hearing
within the time parameters set forth in the applicable law. We further understand that the hearing
is scheduled for , 2012 at 5:15 in the Council Chambers located at 1501 Tnvam
Ave., Bakersfield, CA 93 30 1. We hereby waive our right to further notice of that hearing.
Respectful
d#V--
Ernie Martinez
Owner
Y>
EXHIBIT "F"
Recording requested by
and for the benefit of
the City of Bakersfield.
When recorded mail to:
City of Bakersfield
City Clerk's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
LAND DIVISION IN PROGRESS:
Site Plan Review 11 - 00006898
THIS SPACE FOR RECORDER'S use UNIT
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on Monday, June 11, 2012 by
MARTINEZ ERNIE AND LISA D FAMILY TRUST, Bakersfield, herein after referred to as ( "Owner'), in
connection with the Consolidated Maintenance District, located in the City of Bakersfield, CA.
The real property herein described is located within the Consolidated Maintenance District and may
be assessed on an ongoing, yearly basis for maintenance of a public park and landscaping on public
rights -of way within the district. The appropriate Street and Park Tiers will be assigned by the Parks and
Recreation Department.
Although this property may have been assessed a lesser amount in the present tax year, the ultimate
estimated annual assessment for maintenance of a public park and public landscaping based on full
build out of this district, is $146.70 per equivalent dwelling unit, based on fiscal year 2005 -2006 dollars
and labor costs of the district. In each subsequent year, annual assessments may increase by the cost
of living reflected in the Los Angeles - Riverside - Orange County / All Urban Consumers Consumer Price
Index. (See Bakersfield City Council Resolution No. 019 -05.) This covenant may not be amended or
modified without the prior approval of the City of Bakersfield. This covenant shall run with the land.
Dated th Monday, June 11, 2012
Owner(s) /Developer(s):
City of Bakersfield:
MARTINEZ ERNIE AND LISA D Raul M. Rojas, Public Wbrks Director
FAMILY TRUST, Owner
NOTE: All owners) /developer(s) signatures must be notarized. c•r <r n
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 3rd day of July. 2012 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Resolution of Intention No. 1716 passed by
the Bakersfield City Council at a meeting held on the 26th_day of June, 2012 and
entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA
3 -84 (5101 WOODMERE DRIVE) TO THE CONSOLIDATED
MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING
AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE
BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT
FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED
AGAINST EACH PARCEL. (WARD 6)
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: Obixt DLJ
DEPYJYY City Clerk
S ADOCUMENIIFORMSWOP. R01.wpd